The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-12-30

shook of its old form OF government.
In this case they violated, as they are adj
vised, no canon OF the Taxing District
charter. II, Tor such deeds, respondents
Iladdcn aud Lee are 10 suffer, they will be
consoled with tho reflection that they are
punished for zeal and good works in be-
half OF the people, whose faithful public
servants they have at all times striven TO
| he.
vn.-MuCH NEEDED PUBLIC. WORKS AR
RESTED. -HiRD STREET AND JOHN
SON AVENUE AIR NOT PAyED.
Respondents show that the interpreta-
ton sought TO bc placed on tho Taxing
District charter by this bill. and the puclic
prosecutions that preceded IL, have chilled
and checked oil public improvements. AS
a consequence, the people are being seri-
onsly injured. Respondents need advert
to but one instance III support oil this state
ment.
They show that all arrangements had
been made 20 pave Third street and John
son avenue. and pay for the same out OF
the back taxes OF the district. They would
now be paved streets but for the sdspen-
sion OF the work, brought about by the
announcement that such use OF the back
taxes would In o bhaach OF trust and u
diversion, for which the Taxing District
authorities would be criminally, as well as
! o,yi,,y. liable.
Respondents MADDEN and Ice did not
believe such TO be the truo construction OF
, ;ac ias:ag District charter, but were un-
willing to prosecute the work under so
grave and serious u menace. They were
already indicted for alleged diversions Of
| the revenue Of said district, and threat
cned with proceedings TO make them civilly
liable touching the manner IN which they
had expended said revenues The situa-
ton was too serious TO 20 forward. The
| public is the sufferer from this unsound
but pcriinacious construction Of the Tax
ing District charter
In this connection thoy show, further,
that the deadlock on the available surplus
revenue of the district brought 10 stand
still all those daily repairs necessary to
keep the public streets In good order. The
wearing aud wasting ol the streets under
their constant use for the wants OF q city
III great activity and push are necessarily
great. II this wem aud tear is not all the
time being made good II takes only short
time to produce rtinous state OF non
repair. Respondents do not think they
cxaggcrnlc when they say that the en-
forced innciion occasioncd by the steps
taken agiins, them In the said proceed
ings will result in damage 10 tho public
highways that II will require from $4,000
Ia $4,000 10 make good. The stitch in
time WAS made impossible 10y the inn
pending menace OF said proceedings
VII. sTREEr PAVED Win BACK
TAXES.
Respondents MADDEN and Ice point
| al fk.lu a
noccnce Ia Second street, which
was paved in 1888 by using the
back taxes, which, under the modern con-
ccption OF the Taxing District charter, il
pronounced bp,ich Of trust and u crime.
The paving OF Second street was let out
under the bid system. II soon appeared
that the levy for streets for the year 1883
was totally inadequate 10 pay for the work.
II was then let 10 be paid i0f out Oi ne
ccipts from back taxes levied for former
years, and paved ut a cost ol about so, 900,
$4,000 of which were paid from back tax
revenue. Respondents oilor copy Of the
contract under which this work was done
M exhibit A 10 this answer. II speaks for
itself. II tells q tale ui Criminaliiy aud
breach Of duty, or Of faithful. timely aud
valuable services Respondents are willing
TO stand or fall by IT,
N.--NINoLiNG rnE FUNDS.
Respondent Harris denies that hc has
mingled and confused the funds arising
from loyics for the different Uses and pur.
poses OF the government. ON the CON
irary, he has kept the mme In separate nc.
counts, easily aud readily distinguished
. from each other. In q glance, what any
account N entitled 10 can bc seen. II y
true he kecps but one account In bank Ia
: the credit Of TIM Taxing District. lie
knows with certainty the interest oi each
y fund in this deposit. Payments arr mad,
y IN the aggregate by each taxpayer. They
are Temporarily placed la his safe In th,
= aggregate They aro then deposited IN
hank hut each iunl IN carefully crrlitct
with its shmc of the aggregate ON IN,
- books kept ior that purpose. This is don,
AZ rs soon ~ the pro rata Oi each purpose car
N hc asccriaincd. II Il were done, however
~ each separate payment ismade, Il woul,
!. involve much useless clerical labor. Al
\ times, when the Office u packed with per
Al sons eager 10 pay, Il would bc simply i'm
!. Irr~ihlc. Il would h. folly to place cacl
!. fund Ia itself In bis own SIDE. II would b,
n idle 10 do ~ Ia bank. II might appca
M separate ON the books Of the bank, but In
=. slanlly, un being deposited, the separate
!. identity would be lost. Tho whole woul,
10 h. mingled with the other money u tn
4. bank. Ia fact. deposits bcromc the hank
N money and the banker Il debtor to the dc
n PASTOR Ia the amount Of the deposit an'
m bound tn respond to al checks, propcrl
AZ drawn, ON tile account thus made. tn
4 effect oi separate deposits would. thcp
,,l iorr, insult Ia nothing motc than Hnothc
sct oi h,oiS viz the hooks ui the hank
4 showing what each fund ~ entitled "a
A. Hut that H. not u'quircd 10y the charter q
"A the district. Tho TRUSTEES book
M must do this. Respondent llaui
!. shows that his deposits ar
AZ made prvci-ly ~ lis predecessors
IA fleece nni Mctiownn made them. III
A. Feels thntit u no crime ~ breach Of tr1s
nj iu follow Whcv they lv'l. especially NJ n
40 wnrd Of r,umrr ~ criticism was ever mad
IN against them, and not q cent was ever 10.
4. To- the people 10y their official conduct I
,c this OF any other rgntd.
IN N-Arr,nrNr AM rRuU nNLANCIs.
Respondents show that for cunycnicnc
n. each department and purluso has carrie
ic 10 H. crr,lt not only the annual tax im
Is posed Tor H. own benefit, bat alan the sul
NJ plus accumulaiions oi the department
~ and uss oi like name and uaiur oi n
f former years, which arc collected durin
vt the current year. The effect IN "a make
ut appear that many accounts are entitled I
ul lafgc balancs when such n not the Cas'
ri When. indeed, INSTRUCTED 10 their own ~
ui nual levy. somc hayc nothing and oihcl
ng ate oycrdfaWn.
ut For example. rolicc department. I'll
la drngrtmput lighting PURPOSES aud husuitl